奥地利女孩状告父母网晒私人囧照

An 18-year-old girl from Austria is taking her parents to court for posting over 500 photos of her on Facebook since 2009, without her permission.

因从2009年开始爸妈未经允许将自己的500多张照片放到了Facebook上，一位来自奥地利的18岁女孩将父母告上法庭。

The unnamed girl from Austria’s Carinthia state has apparently become fed up with her parents refusal to take down intimate and embarrassing photos of her dating back to when she was a toddler, and is now seeking justice in court. She told Ganze Woche magazine that even though she was 11 years old when her parents started sharing photos of her with several hundreds of Facebook friends, they went as far as to post pics of her as a toddler, without ever asking if it was alright with her. “They knew no shame and no limit – and didn’t care whether it was a picture of me sitting on the toilet or lying naked in my cot – every stage was photographed and then made public,” the young plaintiff said.

这位不具名的女孩来自奥地利卡林西亚州。显然，她已经受够了父母拒绝把她蹒跚学步时的私密囧照从网上删除的态度，现在正在诉诸法庭。该女孩告诉《Ganze Woche》杂志说，虽然父母最早在Facebook上向几百个好友分享她的照片时自己才11岁，但他们甚至把自己的婴儿照也放了上去，还从未过问她的感受。“他们没有羞耻和底限，也不管照片中我在上厕所还是光着身子躺在小床上，我多大的照片都有而且被公开了，”这位年轻的原告说道。

Referred to as Anna Meier (name changed by magazine editors under Austrian privacy laws), the girl added that she was only able to see the photos posted on Facebook by her parents when she was 14, after setting up her own account on the world’s most popular social network. Angry and upset, Anna asked her mother and father to remove the over 500 photos of her immediately, but they refused. She kept asking them over the years, but faced with constant refusal, she felt that she had no other way to coerce them than taking them to court. Which she did as soon as she turned 18, this year. “I’m tired of not being taken seriously by my parents,” she said.

安娜•迈耶（杂志编辑根据奥地利隐私法为其化名）还补充说，她14岁注册了这家世界上最有人气的社交网站后，才终于可以看到父母放到网站上的照片。她很生气，对此很不开心，要求父母马上删除她的500多张照片，但被拒绝了。几年来她一直在要求父母删照片，但一直未能如愿，她觉得除了告上法庭再没有其他办法。今年她刚满18岁，就采取行动了。“我厌倦了自己的意见被爸妈当作耳旁风，”她说。

Anna’s lawyer, Michael Rami, claims they have a good chance of winning the case in court, if it can be proven that the images have violated her rights to a personal life. A judge will hear arguments in November, in what is the first case of its kind in Austria. But, based on similar cases and according to Austrian privacy laws, if the parents lose, they may be forced to pay their daughter a sizable compensation as well as an administrative fine of 3,000 – 10,000 euros.

安娜的律师迈克尔•拉米表示，如果能够证明这些照片侵犯了她的私人生活，那么胜诉几率很大。法官将会在11月听取奥地利史上第一例此类案件的辩论。但是根据类似案件和奥地利的隐私法，如果这对父母败诉，他们将被迫付给女儿一大笔补偿金，并要承担三千到一万欧元的行政处罚金。

Although Anna is convinced that her right to privacy has been violated, her parents, on the other hand, see nothing wrong with posting baby photos of her. “I consider it my right to be able to publish these photos,” her father said. “After all, this is our child and the photos are part of our lovely family album which has been well received by our Facebook friends. We have posted no more photos of our daughter since she stopped allowing us to photograph her. We also have baby photos of her that can only be seen by a limited group of 700 Facebook friends.”

尽管安娜确信自己的隐私权被侵犯，但另一方面，她父母认为把她的婴儿照放到网上并没什么。“我认为公开这些照片是我的权力，”她父亲说道。“毕竟她是我们的孩子，这些照片是我们可爱的家庭相册的一部分，我们Facebook上的朋友也都非常喜欢。自从她不允许我们给她拍照后，我们就再没有在网上贴照片了。我们放到网上的婴儿照也仅限于700个Facebook好友能看到。”

Ganze Woche reports that the 18-year-old has moved out of her parents’ home and is living with some girl friends in a rented apartment.

据《Ganze Woche》杂志报道，这位18岁女孩已经从父母那里搬出去了，现在和几个女伴一起住在出租的公寓里。

In a recent press release, German media law firm Wilde Beuger Solmecke advises parents not to post photos of children on Facebook without their consent. Apart from legal consequences and subsequent compensation, they also risk making their children – especially those of school age – targets for cyber-bullying.

德国媒体法律事务所Wilde Beuger Solmecke在最近的资讯稿中，建议家长不要不经孩子同意在Facebook上放他们的照片。除了会承担法律后果和随之而来的经济补偿，这一做法也使孩子们——尤其是处在上学年龄的孩子面临遭受网络暴力的风险。